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the 1st regiment

CHAPTER LXXVI.

An act supplementary to the act, entitled "An act for the more erfect
organization of the army of the United States."*

SEC. 1. Be it enacted by the Senate and House of ReThe president presentatives of the United States of America in Congress authorized, to ap assembled, That the president of the United States be, fional major to and he is hereby, authorized, by and with the advice Lentioned. and consent of the senate, to appoint one additional major to the first regiment of light dragoons, the regiment of light artillery, each regiment of infantry, and the rifle regiment, in the army of the United States, who shall receive the like pay, rations, forage, and other emoluments, as officers of the same grade and corps of the present military establishment.

ant to be appoin

pany in the ar my, &c.

SEC. 2. And be it further enacted, That there be apA third lieuten- pointed, in manner aforesaid, one third lieutenant to ted to each cam- each troop or company in the army of the United States, who, if of cavalry or light dragoons shall receive the monthly pay of thirty dollars, and of other corps, twenty-three dollars, and be allowed the same forage, rations, and other emoluments, as second lieutenants of the same corps to which they belong.

Sergeant

SEC. 3. And be it further enacted, That there be alAn additionallowed to each troop or company in the army of the to each troop or United States, one additional sergeant, who shall receive the like pay, clothing, rations, and other emoluments, as sergeants of the present military establishment.

company in the army, &c.

be advanced

24 on account SEC. 4. And be it further enacted, That, in order to of pay & to complete the present military establishment to the full each able bodied number authorized by law, with the greatest possible ter the 1st Feb. despatch, there shall be paid to each effective, able bodied

man enlisted af

1813, &c.

man, who shall be duly enlisted into the service of the United States, after the first day of February next, to serve for the term of five years, or during the war, an advance, of twenty four dollars, on account of his pay, in addition to the existing bounty, one half of such advance to be paid at the enlistment of the recruit, and the other half when he shall be mustered, and have acres of land, &c. joined some military corps of the United States, for service; and a bounty of one hundred and sixty acres of land, as heretofore established by law.t

Bounty of 160

Commissioned of

SEC. 5. And be it further enacted, That the commisHeers employed sioned officers who shall be employed in the recruiting

*This act is superseded by that of 3d March, 1815, fixing the peace establishment of the United States-See chapter 95.

†So much of this section as relates to an advance of pay to recruits, is specially repealed by chapter 86, section 1.

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entitled to receive

ing age, not to

cians or soldiers

service, shall be entitled to receive for every effective in recruiting, able bodied man, who shall be duly enlisted after the 84 for each man first day of February next, by them, for the term of five enlisted, &c. years or during the war, and mustered, and between the ages of eighteen and forty-five years, the sum of Proviso; the refour dollars: Provided, nevertheless, That this regula-gulation respecttion, so far as respects the age of the recruit, shall not extend to masiextend to musicians, or to those soldiers who may re- who re-enlist. enlist into the service: And provided also, That son under the age of twenty-one years shall be by any officer, or held in the service of the States, without the consent, in writing, of his guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary Officers enlisting to the true intent and meaning of this act, for every such to this act, to foroffence he shall forfeit and pay the amount of the bounty amount of bounand clothing which the person so recruited may have y and clothing, received from the public, to be deducted out of the pay and emoluments of such officer.

no per- Proviso; persons enlisted under the age of United 21, not to be enparent, written consent

listed without the

of parents, &c.

persons contrary

feit and pay the

&c.

ing a tour of mi

be thereby exon

train

der of the tour,

SEC. 6. And be it further enacted, That it shall be Persons performlawful for any person, during the time he may be per-litia duty, may forming a tour of militia duty, to enlist in the regular be enlisted, and army of the United States, and the recruiting officers erated from servare hereby authorized to enlist any such person, in the same manner, and under the same regulations, as if he &c. were not performing such militia duty; and every person who shall enlist, while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead.

[Approved, January 20, 1813.]

CHAPTER LXXVII.

An act in addition to the act, entitled "An act to raise an additional mili.

tary force," and for other purposes."

20 regiments of enlisted for one

SEC. 1. Be it enacted by the Senate and House of Re- Not exceeding presentatives of the United States of America in Congress infantry to be assembled, That, in addition to the present military es- year, &c. tablishment of the United States, there be raised such number of regiments of infantry, not exceeding twenty, as, in the opinion of the president, may be necessary for *Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment-See chapter 95.

Organization of each regiment.

the public service, to be enlisted for the term of one year, unless sooner discharged.

SEC. 2. And be it further enacted, That each of the said regiments shall consist of one colonel, one lieutenant-colonel, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies.

SEC. 3. And be it further enacted, That each comOrganization of pany shall consist of one captain, one first lieutenant, one second lieutenant, one third lieutenant, one ensign, five sergeants, six corporals, two musicians, and ninety pri

each company.

may appoint offi

recess, to be submitted, &c.

vates.

SEC. 4. And be it further enacted, That it shall be The president lawful for the president of the United States, in the recers during the cess of the senate, to appoint such of the officers authorized by this act, as may not be appointed during the present session; which appointments shall be submitted to the senate at their next session, for their advice and consent.

diers toreceive the

the officers, &c.

SEC. 5. And be it further enacted, That all the offiOfficers and sol-cers, non-commissioned officers, musicians, and prisame pay, &c. as vates, authorized by this act, shall receive the like pay, of the present forage, rations, clothing, and other emoluments, (the military estab land and bounty excepted,) as the officers of the same grade and corps, non-commissioned officers, musicians, and privates, of the present military establishment.

lishment; except,

&c.

soldiers, to be

rules and articles of war.

SEC. 6. And be it further enacted, That the officers, The officers, and non-commissioned officers, musicians, and privates, of governed by the the regiments hereby authorized to be raised, shall be governed by the rules and articles of war, which have been established by the United States in congress assembled, or by such rules and articles as may be hereafter by law established.

Commissioned of ficers to receive

SEC. 7. And be it further enacted, That the commismissioned officers, who shall be employed in recruiting 82 for every per the force authorized by this act, shall be entitled to reson enlisted, &c. ceive, for every person enlisted by them into this service, for the term specified, and approved by the commanding officer of the regiment, and between the ages of eighteen and forty-five years, the sum of two dollars: gulation respect Provided, nevertheless, That this regulation, so far as respects the age of the recruit, shall not extend to musito extend to mu- cians, or to those soldiers who may re-enlist into the sicians, &c. service: And provided also, That no person under the 21 to be enlisted, age of twenty-one years shall be enlisted by any offi of parents, &c. cer, or held in the service of the United States, without

Proviso; the re

ing the age of

the recruit, not

No person under

without consent

listing persons

contrary to this

the consent, in writing, of his parent, guardian, or master, first had and obtained, if any he have; and if any Any officer enofficer shall enlist any person contrary to the true intent and meaning of this act, for every such offence he shall act, forfeits the forfeit and pay the amount of the bounty and clothing, ty and clothing, which the person so recruited may have received from the public, to be deducted out of the pay and emoluinents of such officer.

amount of boun

&c.

each man; the

SEC. 8. And be it further enacted, That there shall g:6 bounty to be allowed and paid to each man recruited as aforesaid, payment of s a bounty of sixteen dollars; but the payment of eight to dollars of the said bounty shall be deferred until he shall be mustered, and have joined some military corps of the United States.

&c.

never to exceed 2

SEC. 9. And be it further enacted, That the said re- Arrears of pay giments shall be paid in such manner, that the arrears months, unless. shall at no time exceed two months, unless the circum- &c. stances of the case shall render it unavoidable.

cer.

and soldiers to be placed on the

&c.

pensation for

officer, not to ex

SEC. 10. And be it further enacted, That if any offi- Disabled officers, non-commissioned officer, musician, or private, shall be disabled, by wounds or otherwise, while in the list of invalids, line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided always, That the compen- Proviso; the comsation to be allowed for such wounds or disabilities. to wounds, &c. to a commissioned officer, shall not exceed, for the highest a commissioned rate of disability, half the monthly pay of such officer, ceed half his at the time of his being disabled or wounded; and that &c. no officer shall receive more than the half pay of a lieu- No officer to retenant-colonel; and that the rate of compensation to ceive more than non-commissioned officers, musicians, and privates, pay of lieut. col. shall not exceed five dollars per month: And provided Proviso; inferior also. That all inferior disabilities shall entitle the person allowed in proso disabled to receive an allowance proportionate to the portion. highest disability.

monthly pay,

half the monthly

disabilities to be

dren of commis

Wounds received

entitled to half

for five years,

SEC. 11. And be it further enacted, That if any com- Widows or chilmissioned officer shall, while in the service of the United sioned officers States, die, by reason of any wound received in actual dying from service of the United States, and leave a widow, or, if in actual service, no widow, a child or children, under sixteen years of the monthly pay age, such widow, or, if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years: but, in case of dow dies or marthe death or intermarriage of such widow, before the the half pay to expiration of the said term of five years, the half

In case the wi

ries, before,

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Non-commission

for the remainder of the time shall go to the child of children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children.

SEC. 12. And be it further enacted, That if any noned officers, musi- commissioned officer, musician, or private, shall desert cians, or pri- the service of the United States, he shall, in addition to the service, to the penalties mentioned in the rules and articles of war, time of enlist- be liable to serve for and during such a period as shall,

vates, deserting

make good the

rent, &c.

&e. to take an

oath, &c.

Form of the oath.

with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 18. And be it further enacted, That every officer, Officers, soldiers, non-commissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: "I, A B. do solemnly swear or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America; and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."

Extra expenses

missioned officers

al courts martial

SEC. 14. And be it further enacted, That where any incurred by com commissioned officer shall be obliged to incur any extra in travelling and expense, in travelling and sitting on general courtssitting on gener martial, he shall be allowed a reasonable compensation to be allowed, &c. for such extra expense actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage.

Officers and sol

allowed pay and

SEC. 15. And be it further enacted, That whenever diers discharged any officer or soldier shall be discharged from the serfrom service to be vice, except by way of punishment for an offence, he rations to travel shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.

to their places of residence, &c.

A chaplain to be SEC. 16. And be it further enacted, That there shall appointed to each be appointed to each brigade one chaplain, who shall be brigade, &c. entitled to the same pay and emoluments as a major in the infantry.

No field or staff

SEC. 17. And be it further enacted, That no field or officer, &c. enti- staff officer, who may be appointed by virtue of this act,

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